Trump v. Illinois

Court Type: U.S. Supreme Court
Case Type: Amicus Curiae Brief
Status: Ongoing
Last Update: November 10, 2025

What's at Stake

The Ƶ, the Ƶ of Illinois and other free speech organizations filed a friend-of-the-court brief with the Supreme Court in Trump v. Illinois, the state’s lawsuit challenging President Trump’s attempt to federalize National Guard troops and deploy them into Chicago and surrounding counties. The case is at the Supreme Court on the Trump administration’s emergency application seeking to stay or temporarily lift the lower courts’ orders blocking the deployment.

Summary

This brief urges the Supreme Court to reject the President’s assertion that courts have no role, in reviewing the president’s legal or factual justifications for deploying troops to Chicago and surrounding areas—or, at minimum, the president is owed of unusual deference from the courts.

As the brief explains, U.S. history, tradition, and laws strictly limit the use of the military to police the American people, and domestic deployment of troops chills the exercise of constitutionally protected speech and association. The right to protest is part of the fabric of our free society, and President Trump’s deployment of military troops in response to it is incompatible with settled First Amendment law. The founders of this country feared and rejected the military’s use as a tool of oppression and would have viewed President Trump’s claims of unreviewable authority to deploy troops in response to political protest as an intolerable threat to liberty.

Amici are the Ƶ, the Ƶ of Illinois, the Knight First Amendment Institute at Columbia University, the Foundation for Individual Rights & Expression, and The Rutherford Institute.

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